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HomeMy WebLinkAboutRES.770.11-16-1992 BILL NO. 92-257 RESOLUTION NO. ��� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC. FOR DESIGN AND CONSTRUCTION OF A METAL BUILDING AND HOPPER FOR A NEW SOLID WASTE TRANSFER STATION COMPACTOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into an Agreement with Penzel Construction Company, Inc. for design and construction of a metal building and hopper for a new solid waste transfer station compactor. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ICO� DAY OF 19 �� � i�".�'�?�_'�,�- _� r// ,��"�� Francis E. Rhodes, Mayor ATTEST: � Julie A. e, Deputy City Clerk i • CITY OF CAPE GIRARDEAU DESIGN AND CONSTR UCTION OF A METAL B UILDING AND HOPPER FOR A NEW SOLID WASTE TRANSFER STATION COMPACTOR STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the � day of r�'�;+.•'��nJit�'4-%' in the year 19��'`�.. by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and PENZEL CONSTRUCTION COMPANY. INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Designing and constructing a metal building with hopper over a new compactor similar in construction to an existing building and hopper over the existing compactor at the Solid Waste Transfer Station. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIlVIES. 3.1 The work will be substantially completed within 120 calendar days of award of contract. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not A-1 competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to: For all Work, a Lump Sum of: FIFTY-THREE THOUSAND ($ 53.000.00 ) (use words) (figures) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the lOth day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not A-2 incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowerl by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and ihe other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with A-3 the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 6, inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of_ pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). 8.6 Supplementary Conditions (pages SC1 to SC4, inclusive). 8.7 Specifications consisting of three pages of written specifications, Exhibit A and Exhibit B. 8.8 Reserved 8.9 Addenda numbers 1 to , inclusive. 8.10 CONTRACTOR's Bid (pages BF-1 to BF-7 , inclusive) marked Exhibit To Contract. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). A-4 8.12 The following which may be delivereti or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on /v��vc�nr��;�� �,' �% , 19�.��which is the Effective Date of the Agreement). A-5 OWIVER CONTRACTOR � �i `-' .; ,,� PF.N9F.T. .('_nN�TR ' rNC- L/ „�� ' '`?,. . By: ,/' By: ��` `� Pres�dent _ - [CORPORATE SEAL] Carl G. Penzel'�CO OR��TE SEAL.] - " u ' - Attest ,l 1,`�'.�� ' �/ L!� 4'�.�;' Attest " r '� � 1 % _ _�..-� — _ �T�f'fl f , i� �)�/ '"�'.__ ' J � - Address for giving notices Address for giving notices � � . t i:-;� � '�- � P. 0. Box 330 �� � C��t` �`�I ."'(.fi (�!'(t� ��'�i Tarlrcnnj Mn �'�755 �.' � , _ � . (If OWNER is a public body, attach License No. 93676 evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-6 � . � CTTY OF CAPE GIRARDEAU � DESIGN AND CONSTRUC770N OF A METAL B UILDING AND HOPPER FOR A 1VEtiV SOLID WASTE TRANSFER STATION COMPACTOR � BID FORIYI (EJCDC 1910-18) (1990) � PROJECT IDENTIF'ICATION: Design and construction of a metai building and hopper � for the new compactor at the Solid Waste Transfer Station � THIS BID IS SUB�IITTED TO: CI'TY OF CAPE GIRARDEAU . 401 I�YDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-b244 � � : . 1. The undersigned BIDDER proposes and agrees, if the Bid is accepte�, to enter into an � agreement with OWNER in the foim included in the Contract Documents to perform and furnish all Work as specifi� or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the � Contract Documents. 2. BIDDER accepts a11 of the terms and conditions of the Advertisement or Invitation to Bid Iand Instructions to Bidders, including without limitation those dealin; with the disposition of Bid security. T'his Bid will remain subject to acceptanc� for thirty-five days after the day of Bid � opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. � ( 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examine� and carefully studied the Bidding Documents and the following Addenda, receipt of a1l-which is hereby acknowledge�: (List Addenda by Addendwn Number and Date) _ ��eti,a�.��-. �`1 , �c-t �� l�/y Z- BF-1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the generai, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all information made available on the physical conditions in or relaring to existi�g surface structures at or contiguous to the site (ezcept Underground Facilities) which have been identified in the Suppiementary Conditions as provided in paragraph 4.2 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to reiy as provided in paragraph 4.2 of the General Conditions. BIDDER acknowleriges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER aclrnowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicateri in the Bidding Documents with respect to Underground Facilities at vr contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having dvne so) all such additionai or supplementary examinations, investigations, exploratioris, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performe� by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. � (� BIDDER has correlated the information lrnown to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents aze generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF-2 � � - I (h) lfiis Bid is genuine and not made in the interest of or on behalf of any undisclosed person, rirm or corporation and is not submitted in conformity with any agreement or rules of r any group association, organization or corporation; BIDDER has not directly or indire�tly Iinduced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought Iby collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the Ifollowing price(s): �J LUMP SLTM BID PRICE __� �`�y ��Y��. � '�%r,�Sd-�� ($3�oa j— ' (use words) (figures) 5. BIDDER agrees that the Work will be substantially compiete within 100 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and complete.�i and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times spe.�ified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of Bid Bond (57 Amt. Bid) (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addresse� to: Name PEVZEL CONSTRUCTION COt�ANY, INC. AddreSS P. 0. BOX 330, JACKSON, M0. 63755 8. Terms use� in the Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on 10-29 � 19 92 , State Contractor License No. 9 3 b 7 6 BF-3 1 - � IF BIDDER is: An Individual � B y �s�,� i (Individual's Name) � doing business as IBusiness address: Phone No.: A Partnershi� By ��(Firm Name) , , (SEAL) (general partner) Business address: Phone No.: - � _ `, _ . A Corporation - � . � . .. ; By PENZEL CONSTRUCTION COMPAI�IY, INC. �u��ISEAL) � � (Corporation Name) _ . ' - . � , - ';� - MISSOURI •,.,f1a,`,�.., _ - (state of incorporation) ' � . ,:,� ' ;; , ,✓;_ .� By -", ��''�,.a.,a.,,�� � , • �.�SEAL) c�. G. PENZEL (name of person authorized to sign) ; .' •' , ._ . ,�, � . - > - — �- : ., : , . PRESIDE:IT -- _�,� :"�, .�_ - ; ��'�':;;� ' ' ;, (Title) �� o� ., . :tCo?pora�e Seal)�� - - . .- ::� '�- r-s' .; �,�::�• .� •.> ,' , - .:; ' ,i ;�'„ j�j, . .9� ��l .. , '. �. , '.y'}� - ' '��',1�',}` � • � ` ° _. . . ;` _ BF-4 . :� ' ;:� _ �', , ' � .��'' ��., • .•,.^-:\,� ` . ' Attest ���� �/, �z Patsy H. Terry �S�retary) '� � Business address: o Box o JACKSON MISSOURI 63755 � Phone No.: 314-243-3 S Z 6 � Date of Qualification to do business is DECEMBER, 1958 � A Joint Venture By � (Name) (SEAL) (Address) � By . ��e) (SEAL) ■ _ � (Address) Phone Number and Address for receipt of official communications � 1 (Fach joint venturer must sign. The manner of signing for each individual, partnership and � corporation that is a party to the joint venture should be in the manner indicated above.) BF-5 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Docuntent A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS , tnat we Penul Construction CompaQ}+, Inc . P.O.Box 330, Jaclsoa, Missouri 63755 as Principal, hereinafte: called the Principal, and Tl�e American Insurdn« Co�paay ?TI San Marin Drive, Novato, California 94998 a corporation duly organized under the laws of the State of tv�ras� as Surety, hereinafter called the Surety, are held and firmly bound unto Gty of Cape Guardeau, Missouri 6.3'701 as Obligee, hereinafter called the Obligee, in the sum of FIVE Perccnc (5 %) Amount s�a Dollars ($5% n�c. B�d ) , for the payn�e*�t of w�h�cn s�n we11 arrl tniiy to be ma.de, the said PrinciFai and the said Surety bind cu:sel�ns, cur heirs, �cecutors, ac�ninistsators, successors ar� assi�s jointly ar�i severally, fiunly by these pres�ts WN��S, the Pri.nci�' has sz:t�itt�3 a bid for Design and Construction of a Mctal Building and Hopper for a New Solid Waste Transfcr Stadon Compactor NOW, THERE=ORE, if the Obligee shall accept the bid ot the Princiaal and the Principal shali enter into a Co�tract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in��!e�:sl�dir.g; r or Contract Documents with good and sufficient surery for the faithfui performance of such Contract and _f,�r,the�<pSQr�p*. '•. payment of labor and material fumished in the prosecution thereof or in the event of the failure of the,i''rinci�al tn,�nter'- such Contract and give such bond or bo�ds if the Principal shali pay to the Obligee the difference not to ;�xceed :he penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may irr,go�c��fiaith contract • with another party to perform the Work covered by said bid then this obligation shall be null and voi�ot,lje�.vise-to remain in full force and effect o;`='" � . .�:�. .,. ` _ , : , , '� _ Si�,.�*3ed and sealeci thi.s � d2y of October 19_" �.�; �',��,•,:; ,. .:,; .� :� ' ��.� � . Penul Coamvctioo Co�paay, Inc � �, • . ��i � '�,>. ,� :� C/'�-�.G y/ � (Principal) , �� i (5eal��, '� / lY• 2_�h��. �. � � �' %-���i1 �� �tne �����''�l);3}�:3'��` \ Carl G. Penzel, (T(tie) pre i�'eut ;�~ ;1� . ,; :' .'.�� "Ibc American Insurdncc Compaay ''.��1,.� /� (Surery) ' " (Seai),-".- n J�'y _. 6�a......�_ ���'-,,«t�_ " (Vvitness) � _ �� ' . (Title) �� , ;' �;�i � ;,:� Jan Rchkop Altorncy-in-Fady ,-' �, �:' �L AIA DOCUMENT A310 - BID BON� - AIA - FEBRUARY 1970 ED - THE AMERICAN ''�'�" '�` �^ ~ INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 .',1 GEVER��..L POWER OF ATI'OR.'VEY THE AMERICAN INSURANCE COMPANY KNOW ALL;biEN BY THESE PRESEtiTS: That THE A�tERICAN INSURANCE COhIPANY,a Corporacio�incorporaced under the laws of the Sta�e of New lersey on F:bcuary 20, 13�16,ar,d redomesticated to the State oF Nebraska on Junc l, t990,and having its principal oftice in the City oF Omaha,State ot I�febraska,has made,constituted and appoin[ed,and does by�hese preseau make,cons�icute and appoint J>.{�$ �. P?.TEI DL, :Iz Cti�.cL D. WHIPPS, J�vET L. REHKOP, B��B�� M. iiEEK, ,fELISSA D. EVANS, rf�1RVA L. JACKSOv and P4TRICK T. PRZBYL, jointly or severally PR.4IRIE VILLAGE, KS its true and lawful Actorney(s)-in-Fact,with ful(power and authority hereby conferced in its name,p(ace and stead,to execute,seal,acknowiedge and detiver any and all bonds,undertaking,recognizances or other written obligacions in the nature thercoF _______ ---------------------------- and to bind the Corporation thereby az fully and to the same exteat as if such bonds were signed by the P;esidenc, sealed with the corporace seal of the Corporaaon and duly attested by ics Sec:e:ary,hereby ratifying and confirming all ehac the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sactions 45 and 46 of By-laws of THE A.�fERICAN INSUR?.NCE COMPAIYY now ia full force and effect. "Article VII.Appoialmeat sad Aurbority of Resideat Secretsries,,�tiorneys-in-FsM snd AgeaLSYo accepf I.ega!Procrss snd Mske Appesrsacrs. Seciion 45. Appointmeat.The Chairmaa oP t6e Board of Directors, the Presideat, aay Vice-Presideat or any other person aut6orized by the Bosrd of Directors, the Chairmaa of the Board oF Directors, the Presideat or any Vice-?resident may, from dme to time,appoint Resideat Assistaat Sesremries nad Attorneys-in-Fact to represeat and aci for and oo behalf of the Corporation sad t�geatg to accept legal procEss and maL•e appesrances for and on be6aff of t6e Corporation. Section 46.Authority.The authority of sucb Resideat:�ssistant Secretaries,Attoraeys-in-Fact and Ageats shall be u prescribed ia the instrument eoidencing their appointment.Any such appointment sud ali suthoriry granted thereby may be revoked at any time by the Board of D'utctors or by any person empowcred to make such appointmeat:' This power of attorney is signed and sealed under aad by the authority of the following Resolutioa adopted by the Boazd of Directors of THE A.liERlC.-�.v INSUR.�.NCE COMP.4'YY at a meecing duly called and he:d on the 3 ist day of 1uly, 1984,and said Rasolution has no�5een amended or:epzaled: "RESOLVED, tha� the signacure of aay Vir-Presiden�, Assistant Secretary, and Residene Assisune Secre;ary of chis Corporadoa, and che seai oi �his Corporacion may be aifixed or princed on any powe:of a�sorney,oa any revocacion of any powe:of actorney,or on any ce:zificace re!acing thereco,by facsimile. and any power of atcorney,any revocacion of any power ot attoraey,or ceruticace bearing such facsimile signaeure or tacsimile seai shall be valid and binding upoa che Coraoracion." IN WITiYESS WHEREQF,T?-IE r1.�tERICAN INSliR:1I�ICE COhiP.�'YY has cauud thzse presencs to be signed by us Vice-President,and its corporate seal co be hereunco affixed chis 2nd day of �T 11 v , 19�. �`'`'y°'�%*'�, THE A.*�LERIC.aN INSURANCE COhiP.4NY � ``�� � �'' � > gv .���� ' Vj�,??e''• �` �- vimP:aiaeat STATE OF C.�LIFORNIA COCINTY OF:�1.4RIN �� Onthis 2n� dayof -TLly 19 92 ,beforemepersoaallycame R. D. Farns�orth to me known,who,being by me duly sworn,did depose and say:tha[he is Vice-President of THE A.ytERICAY INSURh�`tCE COMP.�YY,the Corporauo❑ described ir.aad which eYecuted che above instrumene;thac he knows the seal of said Corporaaon;that che seal affixed to the said instrumeat is such corporace seal;thac it was so aFfixed by order of che Board of Directors of said Corporadon and thac he signed his name the:eto by like order. IN WIT,'YESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �...- , .F:�^;_:J� �;FF�t=LC' :Vc:�':�Y��l °7`•'t.' ....;;;� .:.r i,tc:nuR (� �a�C+ =�r�,��-�� Nt:t:f;:�'•::.xti '- Cc11fGf71Ja N P�bGc '}'..` �,�%�.i� :�.na::': .".�:):':rf . ^�,� My Camm.E:p. �'AR 20.tS95 CERTIFICl�'IE STATE OF CALIFORNIA ss. COUNTY OF:�SARIN I,the undersigned,ResidenrAssistant Secretary oi THE A:�IERICAN INSURANCE COMPANY,a NEB R.45n� Corporation,DO HEREBY CERTIFY that the fore3oing and attached POWER OF ATTORNEY remains in fu11 force and has not been revoked;and furthermore that.4nicle VII.Sections�5 and�i6 of the By-laws of che Corporaiion,.andthe Resolurion of the Board of Directors;ses forth in che Power of Attorney,are now in force. � � = :.; - ;; J ��� Signcd and sealed�`�t�'t'he Coun yot;Marin.Dated the day of tg . ; • � . . � ��:�. .. .' : - .. > !`�Y1 iir�' .. /� l �S ��!� • y' . ' " .�y�� � �t�(��^ — \ '.✓ �`�/V`�`�� • '•%�+'*^ti:�.:.°+`.. , .�t:.`�r��'� R d<ncw. ,.cScveury � �i .:,:' •�,t�!'� � 360712-TA-6-90(REYj��;�'''� . �,• , � ;1:'� .< ' .ti�: